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Due Process in International Commercial Arbitration 2nd Edition by Matti S Kurkela, Santtu Turunen ISBN 0195377133 9780195377132

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Due Process in International Commercial Arbitration 2nd Edition Matti S. Kurkela Digital Instant Download

Author(s): Matti S. Kurkela, Santtu Turunen, Conflict Management Institute (COMI)
ISBN(s): 9780195377132, 0195377133
Edition: 2
File Details: PDF, 1.45 MB
Year: 2010
Language: english
SKU: EB-2473136 Category: Tags: , ,

Due Process in International Commercial Arbitration 2nd Edition by Matti S Kurkela, Santtu Turunen – Ebook PDF Instant Download/Delivery: 0195377133, 9780195377132
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Product details:

ISBN 10: 0195377133
ISBN 13: 9780195377132
Author: Matti S Kurkela, Santtu Turunen

This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book’s 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners’ research in this vital book. This new edition’s balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.

Due Process in International Commercial Arbitration 2nd Table of contents:

  1. Due Process and Arbitration

    • The Origin of Due Process Requirements in Arbitration

    • How Should the Due Process Requirements in Arbitration Be Defined?

    • The Floating Nature of the Law of Due Process – Analogy with Lex Mercatoria

    • The Method of Defining Due Process and Lex Proceduralia in Arbitration

    • Due Process as a Principle of Law

  2. The New York Convention as a Starting Point

    • Introduction

    • Public Policy (“Ordre Public”) as a Ground to Refuse the Recognition and Enforcement

    • Arbitrability of the Subject Matter

    • Arbitration Agreement (“Mandate in Concreto”) and the Convention

    • The Requirement of Impartial and Independent Arbitrators

  3. The Panel and Due Process

    • The Meaning of Independence and Impartiality in Arbitration

    • What Constitutes Bias?

    • Duty to Disclose

    • IBA Guidelines – Green, Orange, Red and Non-Waivable Red Lists

    • Requirement of Impartial Conduct

    • Waiver

    • Communication with the Parties

    • Secretary and His Role

    • Fees and Costs

    • Liability

    • Confidentiality

    • Summary

  4. Facts and Evidence Related Due Process

    • The Structure of a Legal Decision: Facts and Due Process

    • Facts in Legal Decision: Relevance, Sufficiency and Truth

    • On Burden of Proof

    • Role of Arbitral Panel in Establishing the Facts

    • Conflicts of Traditions and Culture

    • Guidance by Consultations

    • Direct Intervention by the Panel

    • Enforcement of Evidentiary Measures

    • “Tool-box” of Measures for Bringing Evidence into Proceedings

    • “Internal” Orders

    • “External” Orders

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Tags: Matti S Kurkela, Santtu Turunen, International Commercial